ELKINS — A consumer is suing Portfolio Recovery Associates LLC, a debt collector, citing alleged intentional infliction of emotional distress.
Kathryn Eakin filed a complaint on Oct. 19, in the U.S. District Court for the Northern District of West Virginia against Portfolio Recovery Associates LLC alleging that the debt collector violated the West Virginia Consumer Credit and Protection Act and the West Virginia Code.
According to the complaint, the plaintiff alleges that after she became in arrears upon an alleged debt, defendant began communicating with her attempting to collect such debt. Defendant's actions caused the plaintiff to experience annoyance, inconvenience, abuse, harassment, indignation and distress. The plaintiff holds Portfolio Recovery Associates LLC responsible because the defendant allegedly engaged in unreasonable or oppressive conduct in attempting to collect a debt by placing repeated telephone calls to plaintiff.
The plaintiff requests a trial by jury and seeks compensation for all damages, cost of litigation, attorney's fees, court costs and such other proper relief. She is represented by Phillip Isner and David C. Fuellhart of Isner Law Office in Elkins.
U.S. District Court for the Northern District of West Virginia Case number 2:16-cv-00086